American Corrections
The statistics about imprisoned Americans in jails of local, state, and federal prisons and juvenile detention centers reveals a growth from 1,319,000 numbers in 2002 to 2,166,260 in 2002. During the year 2003 has seen the fastest rate of growth of imprisonment over the period of recent four years. The rate of growth of prisoners in state prisons is estimated to 1.8% while that in federal prisons is 7.1% and in local jails in 3.9%. Contrast to a growth rate of 2.7% among the male prisoners in the state and federal prisons, the prisoners the female prisoners grew by 5%. It is noticed that even though the growth rate of the female prisoners are than that of male prisoners, yet the male prisoners in terms of absolute numbers are much higher than the female prisoners who are only 100,102 in comparison to the male prisoners of 1.36 million numbers.…...
mlaReferences
Butterfield, Fox. Study Finds 2.6% Increase in U.S. Prison Population. The New York Times. July 28, 2003, pp: 6-7
Cass, Connie. Report: 1 of Every 75 U.S. Men in Prison. May 28, 2004. Associated Press. Retrieved at http://www.worldrevolution.org/article/1383
Chaddock, Gail Russell. U.S. notches world's highest incarceration rate. The Christian Science Monitor. Domestic Edition. August 18, 2003, pp: 7-8
Dan Parkin, U.S. inmates top 2 million. International Socialist Review, January-February 2002; p69
Correction Trends
American corrections history
The prisons or the correction units have been for long a part and parcel of the American history. These institutions have existed as far back as the slave trade era. Later on, under the watch of the colonialists, jails became the first public institutions that were built to act as holding places fro the wayward emigrants and later or bondage system. Each state was required to have a prison facility that was built at the expense of the citizens, notably each new facility being made more secure and permanent than the previous one with iron bars, bricks and stone making them more impervious than the previous model. During these times, there were more prisons than schools and hospitals in the U.S.A., they were as many as churches and taverns combined. These institutions were even used by Puritans in several areas including Massachusetts to confine those who castigated…...
mlaReferences
Cheung, A., (2004). Prison Privatization and the Use of Incarceration. The Sentencing Project. Retrieved September 30, 2013 from http://www.sentencingproject.org/doc/publications/inc_prisonprivatization.pdf
Journal of Criminal Law and Criminology, (1950). Antecedents of Thomas Mott Osborne's
"Mutual Welfare League" in Michigan. Retrieved September 30, 2013 from http://www.jstor.org/pss/1137849
Norman Johnston, (2011). Prison Reform in Pennsylvania. Retrieved September 30, 2013 from http://www.prisonsociety.org/about/history.shtml
correctional law? Explain why.
The most important source of correctional law is the bill of rights (Bartollas,2002).This is because the basic rights of the citizens including those in incarceration are derived from it.
• Which Amendment in the Bill of ights do you feel is the most important with regard to the rights of incarcerated individuals? Explain your reasoning.
The 5th Amendment
This is because it categorically states that no individual shall be held to answer for either a capital offense or an infamous crime unless ion an indictment or presentment of a grand jury with the exception of cases that arise in the land or of naval forces
Discuss the major constitutional Amendments that protect inmate rights.
The 4th Amendment and the 8th Amendment are the major constitutional Amendments that protect inmate rights. The 4th amendment has several provisions on searches and seizures which protects the rights of the inmates against sexual misconduct, body…...
mlaReferences
Bartollas, Clemens (2002).Invitation to Corrections_ Allyn & Bacon, A Pearson
Prisoners' rights under law - fourth amendment. (2011, April 23). Retrieved from http://www.libraryindex.com/pages/2561/Prisoners-Rights-Under-Law-FOURTH-AMENDMENT.html
Rold WJ (2006). Legal considerations in the delivery of health care services in prisons and jails. In: Puisis M. Clinical Practice in Correctional Medicine. 2nd ed. Philadelphia, PA: Mosby-Elsevier; 2006:520-528.
Us constitution bill of rights. (2011, April 24). Retrieved from http://www.ratical.org/co-globalize/BillOfRights.html#5
Survival of Racist Customs and Mores Into the 21st Century: Analysis of the American Correction and Sentencing Trends
Increasing awareness of the US's unsuccessful mass imprisonment experimentation has effected federal and state level modifications aimed at decreasing the nation's detention scale. Experts and policymakers have been suggesting "smart on crime" public safety strategies which support alternatives to imprisonment and decrease re-offense chances[footnoteRef:1]. Despite simultaneous fruitful bipartite dialogues on the subject of decreasing jail populations and bringing improvements to crime justice policies, the nation still struggles with disturbing racial frictions. The latest concern concentrates on frequent reports of law enforcement violence inflicted on non-Whites, some cases ending in fatalities of African-American males at the hands of law enforcers, with scant to no evident provocation. In this paper, the many fields in which racist values and traditions continue in the current era will be examined, with particular emphasis to the American corrective and…...
American Me
The intergenerational and racial components to familiar crime, as viewed through the American criminal justice system or Not a iseguy -- the text of Henry Hill, "American Me" and Clear and Cole's Chapter 19 on "Race and Punishment"
It is often alleged that the criminal justice system has unjustly persecuted individuals whom are members of minority groups, based solely upon their minority status. Advocates of this point-of-view, according to Chapter 19 of T.R. Clear and Cole's textbook American Corrections, cite jury's disproportionate tendency to convict minorities, as well as to impose more lengthy and weighty sentences upon defendants who are minorities. This presumption often suggests that the defendant in question must be innocent, or is only a cog in the wheel of a much larger crime machine. But what transpires when indeed a defendant is guilty and is indeed a member of a gang or crime family? Does race and…...
mlaWorks Cited
American Me." 1992. Directed by and starring Edward James Olmos.
Clear, T.R. And Cole. (2000). American Corrections. Chapter 19: Race and Punishment. Belmont, CA: Wadsworth Press.
Pileggi, Nicholas. (1990) Wiseguy. New York: Pocket books.
American Meat Packing Corp., 362F.3d 418 (7th Cir. 2004).
On November 15, 2001, 350 workers at the American Meat Packing Corporation (AMPC) showed up for work and were told they had been terminated. Because they were not notified 60 days prior to termination, the Worker Adjustment and etraining Notification Act, U.S.C. § 2101-2109, the WAN Act, did not apply. The purpose of the 1989 WAN Act was to create a buffer for workers who anticipate mass layoffs or plant closings that have been unanticipated. Under the WAN Act, the 60 day notice of plant closings or any mass layoffs may be waived or reduced if a business closure is "caused by some sudden, dramatic, and unexpected action or condition outside the employer's control." 20 C.F.. § 639.9(b)(1).
The fundamental issue of this case is that of foreseeability. Business situations that are likely to cripple or close a firm may be considered foreseeable…...
mlaResources-Through Strategies
partnerships (8th ED), Thomson Retrieved / graduate_writing_program courses/academic_writing_II/media/b_paper.pdfhttp://esl.rutgers.edu
Internet sources assessed.
Lexus-Nexus
http://www.inderscience.com/www/pdf/ejim/06ejim-20477.pdfhttp://openjurist.org/279/f3d/333/degruise-v-sprint-corporation
(Schall, 1998)
In addition to a lightened burden of proof and broader definition there were two additional changes resulting from the amendment which served to positively affect the impact and ultimate effectiveness of the legislation. This amendment clarified the fact that judges are not allowed to assess possible mitigating factors such as medication, corrective surgery, or specialized equipment in the determination of whether or not an individual is disabled. This change is directly related to the Sutton case. Further the amendments clarified the definition of major life activities. This amendment relates directly to the Williams case in which a judge deemed that Carpal Tunnel wasn't in fact a significant impairment to major life activities, it merely precluded her from successfully completing specific tasks in the work place. Though the language of the Act is still quite ambiguous, these changes help to clarify and protect the intention of the act.
Exceptions
In the…...
mlaReferences
1. Disability Discrimination Act 1995. (c.50), London: HMSO.
2. Schall, C., 1998. The Americans with Disabilities Act -- Are we keeping our promise? An analysis of the effect of the ADA on the employment of persons with disabilities. Journal of Vocational Rehabilitation, 10(3), pp.191-203.
3. Stowe, M., 2000. Interpreting "place of public accommodation" under Title III of the ADA: A technical determination with potentially broad civil rights implications. Duke Law Journal, pp. 297- 329.
4. Grabois, R., Nosek, M., & Rossi, D., 2005. Accessibility of primary care physicians' offices for people with disabilities: An analysis of compliance with the American with Disabilities Act. Archives of Family Medicine, 8, pp. 44- 51.
First of all, the number of people being arrested "is far lower than the number of crimes being committed," an indication that placing repeat and habitual offenders in prison for longer periods of time has decreased the arrest rate. Second, some crime analysts have estimated that keeping repeat and habitual offender in prison has lowered crimes by individuals by as much as fifteen crimes per year which when multiplied with the 1.4 million increase in the prison population since 1984 rounds out to about 21 million less crimes per year in the U.S. ("Lock 'Em Up," 2005, Internet).
Obviously, this "prison experiment" of locking up repeat and habitual offenders for longer periods of time seems to have been a success. Kathleen Auerhahn, writing in Selective Incapacitation and Public Policy, points out that both forms of incapacitation have greatly reduced the number of criminals on the streets of America and have…...
mlaReferences
Auerhahn, Kathleen. (2003). Selective Incapacitation and Public Policy. New York:
Philosophy of Criminal History." (2008). U.S. Sentencing Commission. Internet.
Retrieved October 24, 2008 at http://www.ussc.gov/SIMPLE/crimhist.htm .
Seligman, Dan. (2005). "Lock 'Em Up." Forbes.com. Internet. Retrieved October 24, 2008 from www.forbes.com/2005/0523/216.html.
The middle of the decade of the 1980's was witness to the creation of the Technology Assessment Program Information Center and the Technology Program Advisory Agency. Their functions were as follows:
Technology Assessment Program Information Center: Picked up laboratories for testing equipment, supervised the testing process, published reports concerning the results that the lab released after testing.
Technology Program Advisory Agency: This was a large advisory body of senior local and federal law enforcement officials which are the predecessors to that which exists today
Important in the advancement of police protection was the creation and application in use of pepper spray.
VI. The Role of the National Institute for Justice in the Development of Law Enforcement technology:
The National Institute of Justice issued a "mandate in its capacity as the criminal research and development arms of the U.S. Department of Justice was to improve and strengthen the nations' system of justice with primary emphasis on…...
mlaBibliography
Are U.S. Police Agencies Being Outpaced in Technology-policeone.com 09-28-04 [Online] available at Categories&tehttp://www.policeone.come/policeone/frtonend/parser.cfm?object+Product
Visteon Provides the Latest in Law Enforcement Technology to Alkland County Sheriff Bouchard PR Newswire 10-29-05 [Online] available at http://www.highbeam.com/library/doc3.asp?ctrlInfo+Round9a%AProd%ADOC%AP11-10-04
Satellite Technology Boosts Officer Safety 26 Jan 2004 [Online] available at http: www.staffordshire.police.uk/news306.htm
NIJ: Autoloading Pistols for Police Officers: NIJ STandard Series: Law Enforcement and Corrections Standard and Testing [Online] available at http://wwwlncjrs.org/txtfiles1/173943.txt
("Home Confinement / Electronic Monitoring," n. d.)
House arrest or home confinement started as a program to handle particularly as a sentencing substitute meant for drunk drivers, but rapidly spread over to a number of other offender populations in a lot of jurisdictions. Depending on the nature of crime committed by the offenders, home confinement has been designed with various degrees of stages of restrictions. These can vary from ordinary curfews to complete confinement. For instance, the home confinement program of the Federal courts extends three separate levels of restrictions under the U.S. Probation and Pretrial Services, 2000. Under the first level ie., curfew, it requires the program participants to stay at home daily during certain time periods. Under the second level house arrest it requires on the part of the participants to stay at home round the clock save for attending to work, school, treatment etc. which must be…...
mlaReferences
Black, Matt; Smith, Russell G. (n. d.) "Electronic Monitoring in the Criminal Justice System"
No. 254. Retrieved 28 March, 2008 at http://www.aic.gov.au/publications/tandi2/tandi254.pdf
Caputo, Gail. (2004) "Intermediate Sanctions in corrections"
Clear, Todd R; Cole, George F. (2005) "American Corrections"
Japanese Correctional System as Compared to the American Corrections System
The Japanese correctional system places a strong emphasis on rehabilitation and preparing the prisoner for being released once again into society. The Japanese correctional system "is intended to resocialize, reform, and rehabilitate offenders" rather than enforce a system of retributive justice along the lines of the American model (Coutsoukis, 2004). This is why most sociologists state that the restorative philosophy of corrections is the predominant approach practiced in Japan, that is, the main aim of the system is to restore the pre-existing social order rather than enact retribution against a particular individual, or even to protect victim's rights, or to punish an offender in a fair manner (Hosoi & Nishimura 1999: 4).
Much like the American system, Japanese prisoners after conviction are classified "according to gender, nationality, kind of penalty, length of sentence, degree of criminality, and state of physical and mental…...
mlaWorks Cited
Debito, Arudou & Dave Aldwinckle. (2002). "Arrest and Detention Periods of Criminal Suspects Under Japanese Law
http://www.debito.org/arrestperiods.html
Coutsoukis, Photius. (10 Nov 2004). "Japan: The Penal System." CIA World Factbook. Retrieved 11 Feb 2008 at http://www.photius.com/countries/japan/national_security/japan_national_security_the_penal_system.html
Hosoi, Yoko & Haruo Nishimura. (1999). "The Role of Apology in the Japanese
corrections models in the United States have changed significantly over the past several generations, from a rehabilitative toward a punitive paradigm. After World War Two, a strong sense of national security and prosperity prevailed in the United States, leading to a corrections system that was based more on rehabilitation than on punishment. During these idealistic times, criminals were believed to be "ill," and correctable via a treatment model ("History and Development of Corrections 1700-Present," n.d.). Trust in governmental institutions also helped politicians and the public alike agree that corrections should be built upon the theory that criminal behavior can be unlearned, or "corrected." The rehabilitation approach persisted well into the 1960s, as humanistic psychology informed corrections models. A humanistic worldview encouraged "deinstitutionalization" of corrections through the use of community-based services like halfway houses and probation ("History and Development of Corrections 1700-Present," n.d.). Sentencing policy during the middle of the…...
mlaReferences
Christianson, S. (n.d.). Prisons: history. Retrieved online: http://law.jrank.org/pages/1786/Prisons-History.html
"History of American Corrections," (n.d.). In Corrections: A Text/Reader. Retrieved online: http://www.sagepub.com/upm-data/26034_1.pdf
"History and Development of Corrections 1700-Present," (n.d). Retrieved online: http://www.preceden.com/timelines/23091-history-and-development-of-corrections-1700-present
Mackenzie, D.L. (2001). Sentencing and corrections in the 21st century. Retrieved online: https://www.ncjrs.gov/pdffiles1/nij/189106-2.pdf
The swing back and forth between rehabilitation and "lock them up and throw away the key" makes corrections officers' jobs more difficult than they might otherwise be. Police and corrections personnel must bend to winds of change that bring little regard for their own personal and familial welfare. Much has been said about the prisoners, and the effects of those prisoners on the larger society, but little account has been taken of the effects of constantly changing policies and objectives on those who must work in the nation's prisons. Certainly, their needs and quality of life bears on the future rehabilitation or punishment of wrongdoers. The needs of corrections personnel and police are directly related to the overall problem of how we deal with crime in America.
eferences
Blumstein, a. (2004). 3 estoring ationality in Punishment Policy. In the Future of Imprisonment, Tonry, M. (Ed.) (pp. 61-78). New York: Oxford University…...
mlaReferences
Blumstein, a. (2004). 3 Restoring Rationality in Punishment Policy. In the Future of Imprisonment, Tonry, M. (Ed.) (pp. 61-78). New York: Oxford University Press.
Bunzel, S.M. (1995). The Probation Officer and the Federal Sentencing Guidelines: Strange Philosophical Bedfellows. Yale Law Journal, 104(4), 933-966.
Cochrane, J., Melville, G., & Marsh, I. (2004). Criminal Justice: An Introduction to Philosophies, Theories and Practice. London: Routledge.
Diiulio, J.J. (1991). No Escape: The Future of American Corrections. New York: Basic Books.
ole and Evolution of the American Prison System
Explain the Primary ole and Evolution of the American Prison System and Determine if Incarceration educes Crime
The United States constitution is the fundamental foundation of the American criminal justice system. Given that the document is now over two hundred years old, it constantly experiences numerous amendments and interpretations. As a result, the criminal justice system over the years experienced alterations in order to reflect the needs and beliefs of each subsequent generation. The configuration of the modern prison system has its basis in the late 1700's and early 1800s. The development of the modern prison system aims at protecting innocent members of the society from criminals. The prison systems also deter criminals from committing more crimes through detaining and rehabilitating them. However, more and more deluge of white-collar crimes and other crimes, burdens the American criminal justice system and the prison system.…...
mlaReferences
Barnes E. Harry. (1921). The Historical of the Prison System in America. Journal of the American Institute of Criminal Law and Criminology. Vol. 12, No. 1, May, 1921
Craig Haney. (1998). The Past & Future of U.S. Prison Policy Twenty-Five Years after the Stanford Prison Experiment. American Psychological Association July 1998 Vol. 53, No. 7, 709-727
Dina R. Rose & Todd R. Clear (2006). Incarceration, Social, Capital, & Crime: Implications for Social Disorganization Theory. Volume 36, Issue 3, pages 441-480.
Escresa - Guillermo, Laarni (2011) Reexamining the Role of Incarceration and Stigma in Criminal Law. Law and economics, criminal law, stigma, social norms, behavioral economics.
Juvenile Community Corrections
Corrections in Community-Based Settings
Community-based corrections: Factors to consider when dealing with juvenile offenders
One seemingly self-evident truth regarding juvenile offenders might seem to be that socio-economic status will have a significant impact upon the individual's ability to find adequate treatment. The research does support the idea that individuals of higher socioeconomic status (SES) are less likely commit juvenile crimes. Also, it would seem that a wealthy, well-connected suburban family who is able to offer private counseling to their child is more likely to see the teen transition out of juvenile corrections than one who does not. An overall literature review suggests that lower SES is linked with the likelihood of perpetuating juvenile crimes. In another study of 420 urban youth comparing those from high SES neighborhoods vs. low SES neighborhoods, the high SES youth were half as likely to engage in serious delinquency (Atkins et al. 2007).
However, one longitudinal…...
mlaReferences
Atkins, T., Bullis, M., & Yovanoff, P. (2007). Wealthy and wise? influence of socioeconomic status on the community adjustment of previously incarcerated youth. Behavioral Disorders, 32(4), 254-266. Retrieved from http://search.proquest.com/docview/219677853?accountid=14872
Mincey, Barrett, Maldonado, Nancy, Lacey, Candace H. & Thompson, Steve D. (2008).
Perceptions of successful graduates of juvenile residential programs: Reflections and suggestions for success The Journal of Correctional Education 59(1).
Woolard, Jennifer L., Harvell, Samantha, Graham, Sandra. (2008). Anticipatory injustice among adolescents: Age and racial/ethnic differences in perceived unfairness of the justice system. Behavioral Sciences and the Law, 26: 207 -- 226. Retrieved:
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now